What is the effect of a classification order being reviewed in a criminal proceeding or on a habeas corpus petition?

MultiRegion, United States of America

The following excerpt is from Wolff v. Selective Service Local Board No. 16, 372 F.2d 817 (2nd Cir. 1967):

We are well aware that many reported cases contain language, often by way of dictum as in Witmer v. United States, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428 (1955), relied upon below, to the general

[372 F.2d 826]

effect that the review of classification orders is possible only in criminal proceedings or on habeas corpus petitions. But we have discovered no case which contained the allegation that the classification by the board had the immediate effect of depriving the registrant of his First Amendment rights. Nor, in fact, have we discovered any case in which the board exceeded its jurisdiction as clearly as did the appellee boards in this case.

[372 F.2d 826]

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